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TOWN OF HINGHAM
Board of Appeals
NOTICE OF DECISION
IN THE MATTER OF:
Applicant/Owner: Peter and Lois Scanlon
5 Bare Cove Lane
Hingham, MA 02043
Agents: Roderick Gaskell, AICP PWS, RS and Jeffery A. Couture, P.E.
SITEC Environmental, Inc. SITEC Environmental, Inc.
35 Lafayette Avenue 769 Plain Street, Unit C
Hingham, MA 02043 Marshfield, MA 02050
Premises/Property: 5 Bare Cove Lane, Hingham, MA 02043
Title Reference: Plymouth County Registry of Deeds, Book 44035, Page 127
Plan Reference: "Pile-Supported Pier, Gangway & Float,” prepared by SITEC Environmental, Inc., 769 Plain Street, Marshfield, MA, dated November 13, 2018 (1 Sheet)
SUMMARY OF PROCEEDINGS
This matter came before the Board of Appeals (the "Board") on the application of the Peter and Lois Scanlon (collectively, the "Applicant") for a Special Permit A1 under § III-C, 4.a of the Zoning By-Law (the “By-Law”) and such other relief as necessary to install a 150’ pile supported dock/float at 5 Bare Cove Lane in Residence District C.
The Board opened a duly advertised and noticed public hearing on the application on January 15, 2019. The Board panel consisted of its regular member Joseph M. Fisher, Chair, and associate members Joseph W. Freeman and Mario Romania, Jr. The Applicant’s Agent, Roderick Gaskell, AICP, PWS, RS, from SITEC Environmental, Inc., appeared to represent the application. At the conclusion of the hearing, the Board voted unanimously to grant the requested Special Permit A1 under § III-C, 4.a of the By-Law with conditions as set forth below.
Throughout its deliberations, the Board has been mindful of the statements of the Applicant and the comments of the general public, all as made or received at the public hearing.
BACKGROUND AND DISCUSSION
The subject property consists of approximately 2.3 acres of land located in the Worlds End neighborhood and specifically opposite Evergreen Lane off the westerly side of Martins Lane. The lot also maintains approximately 200’ of direct waterfront on Bare Cove and along the rear property line. The site is improved by a single family dwelling with a garage, in-ground pool, and related infrastructure.
The Applicant proposes to construct a dock/float system that would extend into the Inner Harbor. This proposed use is explicitly authorized in residential districts under § III-C, 4.a. of the By-Law upon the issuance of a special permit. Neighbors on either side of the property maintain similar dock systems.
The proposed project also triggered a Notice of Intent filing with the Hingham Conservation Commission. The Commission reviewed the project, finding that the project will not alter or adversely affect the area subject to its regulations, and issued its Order of Conditions on January 15, 2019.
A resident from the neighborhood attended the hearing and submitted written comments for the record in order to raise her concerns about the waterfront generally and temporary construction impacts specifically. During the hearing, the Board received the “Construction Impact Mitigations Measures Plan,” prepared by SITEC, dated December 20, 2018. The Applicant’s Agent reviewed the anticipated short-term impacts of the project, both to surrounding properties and the on-site wetlands resource areas. He then presented the methods to be used in order to mitigate these impacts.
Based on the information submitted and presented during the hearing, the Board made the following findings in accordance with the Special Permit Approval Criteria under Section I-F, 2.:
a. The proposed use of the site is in harmony with the general purpose and intent of the Zoning By-Law, for the following reasons:
The proposed use complies with the purposes and standards of the Zoning By-Law. Outdoor recreation, including boating, is a permitted use in the Floodplain Protection Overlay District. Boat landings in single residence districts are permitted by Special Permit pursuant to Section III-C, 4.a.
b. The proposed use complies with the purposes and standards of the relevant specific sections of this By-Law, for the following reasons:
The use of the site is in harmony with the general purpose and intent of the Zoning By-Law. The project will not result in any flood hazard as it was designed to allow coastal storm flows to pass unimpeded under and over the structure. The float and gangway will additionally be removed during peak storm season. None of the materials used for construction will be treated with arsenic based (CCA) or creosote preservatives. The project will fulfill general purposes of the By-Law to secure safety from flood and other dangers as well as specific purposes of the By-Law to protect human life and property from hazards of periodic flooding and to prevent water quality contamination and pollution due to flooding.
c. The specific site is an appropriate location for such use, structure, or condition, compatible with the characteristics of the surrounding area, for the following reasons:
The site is an appropriate location for such use and is compatible with the characteristics of the surrounding area. The property has ocean frontage, making it an appropriate location for recreational boating. The proposed dock and float system is similar in design and size to other pier projects in the surrounding neighborhood.
d. The use as developed and operated will create positive impacts or potential adverse impacts will be mitigated, for the following reasons:
The project will promote outdoor recreation in a manner consistent with the purposes of the By-Law. Potential adverse impacts related to storm damage will be mitigated through compliance with conditions of the Conservation Commission’s Order of Conditions, dated January 15, 2019, to remove the gangway and floats during the winter. Temporary impacts associated with construction will also be mitigated.
e. There will be no nuisance or serious hazard to vehicles or pedestrians, for the following reasons:
Since the proposed structure is a coastal dock and float system, there will be no impact on landside vehicles. There will be no nuisance or serious hazard to vehicles or pedestrians. The project will also not result in any impediment to navigation of watercraft in this part of the harbor. Additionally, the project was designed to allow lateral public pedestrian access along the shoreline.
f. Adequate and appropriate facilities exist or will be provided for the proper operation of the proposed use, for the following reasons:
The proposed system includes minimal, downward-directed lighting to illuminate the dock walking surface for users.
g. The proposed Project meets accepted design standards and criteria for the functional design of facilities, structures, stormwater management, and site construction, for the following reasons:
The project meets all applicable accepted design standards and criteria for functional design of docks and floats within a coastal flood zone. Coastal storm flows will be able to pass unimpeded under and over the structure.
RULINGS AND DECISION
Upon a motion made by Joseph W. Freeman and seconded by Mario Romania, Jr., the Board voted unanimously to GRANT the requested Special Permit A1 under § III-C, 4.a of the By-Law to install a 150’ pile supported dock/float at 5 Bare Cove Lane in Residence District C and the Floodplain Protection Overlay District, subject to the following conditions:
1. The project shall be completed in a manner consistent with the referenced plans and representations made by the Applicant.
2. Prior to application for a building permit, the Applicant shall submit plans that include the lighting locations and specifications that reflects the conditions already described in the application.
3. The float and anchors shall bear the identification of the owner or address of the property, such that if they break loose or float away the owner can be identified.
4. No ornamentation (flags, lights, windsocks, etc.) shall be erected or placed on the pier, dock, ramp, or float, other than the downward directed lighting proposed on the dock as described in the application.
5. The Applicant shall file an as-built plan with the Zoning Administrator following project completion.
6. Floats and gangway shall be removed and stored off site during the winter season.
7. The Applicant shall coordinate with the Harbormaster to ensure that seasonal moorings do not impede navigation for the construction barge.
This decision shall not take effect until a copy of the decision bearing the certification of the Town Clerk, that twenty (20) days have elapsed since the decision has been filed in the office of the Town Clerk and no appeal has been filed, or that if such appeal has been filed, that it has been dismissed or denied, is recorded with the Plymouth County Registry of Deeds and/or the Plymouth County Land Court Registry, and indexed in the grantor index under the name of the record owner or is recorded and noted on the owner’s certificate of title.
For the Board of Appeals,
Joseph M. Fisher, Chair
April 8, 2019